The Historic Preservation Review Commission shall exercise authority to issue a certificate of appropriateness to regulate the erection, modification, alteration, management, and restoration, demolition or removal of buildings, sites or structures within an historic district or individually designated as an historic landmark in accordance with the following provisions:
No private building, site or structure shall be erected, modified, altered, managed, restored, demolished or removed until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the Historic Preservation Review Commission in accordance with rules, regulations and standards set out on the matrix entitled “WORK REQUIRING CERTIFICATES OF APPROPRIATENESS” appended to and made a part of this ordinance. “Exterior architectural features” shall include such portion of the exterior of a structure as is open to view from a public street, way or place. Similarly, if earthworks of historical or archaeological importance exist in the historic district there shall be no excavating or moving of earth, rock or subsoil or any development upon or around earthworks without a certificate of appropriateness. The style, material, size and location of outdoor advertising signs and bill posters shall be under the control of such commission.
(a) The Historic Preservation Review Commission may review all plans, elevations, specifications, drawings, photographs, and other information as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application for the certificate of appropriateness.
(b) The Historic Preservation Review Commission shall hold a public hearing upon each application for a certificate of appropriateness. Notice of time and place of said hearing shall be given by publication in a newspaper having general circulation in the area served by the City of Fairmont, at least seven (7) days before such hearing and by posting notice on or near the main entreat of any hall or room where the commission usually meets. The Commission shall take action as required to inform the owners of any property likely to be affected by the application and shall give the applicant and such owners an opportunity to be heard.
(c) The Historic Preservation Review Commission shall approve or reject an application for a certificate of appropriateness within forty-five days after filing of an application. Evidence of approval shall be by a certificate of appropriateness issued by the Commission. The certificate should be signed by the chairman, and transmitted to the Building Inspector for the City of Fairmont. Said Commission shall keep a record of all Certificate of Appropriateness issued. The failure of the Historic Preservation Review Commission to approve or disapprove an application within forty-five days from the date of application, unless otherwise mutually agreed upon by the applicant and said Commission, shall be deemed to constitute approval and the applicant shall be authorized to proceed without regard to a certificate of appropriateness.
(d) In passing upon the appropriateness of a proposed action, the Historic Preservation Review Commission shall consider, in addition to any other pertinent factors, the historical and architectural integrity and significance; architectural style; design; arrangement; texture and materials of exterior architectural features; and the relationship and general compatibility thereof to the historical value and exterior architectural style and pertinent features of other structures in the surrounding area.
(e) The Historic Preservation Review Commission shall not consider interior arrangement or use, but shall consider with relationship of the exterior of the building or structure concerned with all others in the historic preservation district, so as to avoid incongruity and to preserve the overall character of the area. New buildings need not necessarily be in any one historical style, as long as the scale and design of the building, and the materials used, are in harmony with the overall character of the historic area.
(f) The Historic Preservation Review Commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed action would be appropriate. In the event said commission rejects an application, such commission shall place upon its records and shall transmit a record of such action and reasons therefore, in writing, to the applicant. In such written record, the commission may make recommendations relative to design, arrangement, texture, material and similar features. The applicant, if he so desires, may make modifications to the plans and may resubmit the application at any time after doing so.
(Ord. 1280. Passed 8-24-04.)